The Vice-President of the Court of Protection has outlined a set of principles to govern the appointment of personal welfare… Read more
Personal welfare deputies – to appoint or not?
Category: Best interests
Medical treatment, best interests, and the desire to live
If proof were needed that Bland has politely been consigned to the history books, it can be found in the… Read more
Reproductive rights and when it is ‘right’ to go to court
University Hospitals of Derby And Burton NHS Foundation Trust v J (Medical Treatment: Best Interests) [2019] EWCOP 16 concerned whether it… Read more
Will, preferences, amputation – and the need for early involvement of the court
The decision of Lieven J in East Lancashire Hospitals NHS Trust v PW [2019] EWCOP 10[1] is of importance for… Read more
ADRTs, medical obligations and decision-making relation in CANH
In NHS Cumbria CCG v Rushton [2018] EWCOP 41, Hayden J has both given clear endorsement to the BMA/RCP guidance… Read more
Capacity, social media and the internet
In two linked judgments, Re A (Capacity: Social Media and Internet Use: Best Interests) [2019] EWCOP 2 and Re B… Read more
The thinnest of legal ice – restricting contact and the MCA
SR v A Local Authority [2018] EWCOP 36 concerned a couple, who had had been married for 58 years, and were… Read more
When not telling is in a person’s best interests
In the personal injury case of EXB v FDZ & Ors [2018] EHWC 3456 (QB), Foskett J had to grapple… Read more
Supreme Court confirms that no need to go to court before treatment withdrawal where doctors and family agree
In Re Y [2018] UKSC 46, the Supreme Court has given the definitive answer to a question that has been… Read more
Wishes, feelings (and transparency)
The small body of appellate level jurisdiction on the MCA has been added to in Re RW [2018] EWCA Civ 1067, concerning… Read more